Immigration Issues/Arriving without inspection
I have a client that is from Mexico. She was brought from Mexico by friends of the family in 1995 at the age of eight and raised by an Uncle here. She came by plane and remembers officers walking around, but that is all she remembers. I do not know if she was issued a I-94. Our time will be up on June 9th to submit evidence of her current nonimmigrant status or the nonimmigrant status under which she last entered the US. If I was to file form I-102 Application for Replacement Initial Nonimmigrant Arrival Departure Document the time will have run out before we get an answer or replacement, if there is one out there. She does not know if she was inspected or the date of entry or the place of entry. Can I file form-102 without knowing a exact date (I only know the year) or place of entry and can I file for an extension of time for the request for additional evidence? If she came by plane and entered the US at a International Airport would that mean she was inspected? (I hope that didn't sound like to dumb of a question?) She is married to a US citizen so she is eligible for adjustment of status if we can prove that she did not come over illegally. She is not eligible under section 245(I) because a visa Petition or labor certification was not filed before April 30th 2001. I have a similar case with a Haitian client who was brought over when she was four. Any insight or help would be GREATLY appreciated!
I have a client that is 23 years old and was brought from Haiti when she was four years old. She does not know who brought her. She was raised by a Aunt and then later a cousin. On January 24th, 2004, she married her present-day husband, a United States citizen. At this time, they have been together for five years and married for three years. With the assistance of her husband, She filed a I-130 Petition for Alien Relative on October 25, 2004. She filed Form I-485 on February 28, 2007 and was denied on April 11, 2007. She was denied because she had checked on Form I-485 Part B Section 2 (c), (d) indicating that she had arrived without inspection. I am trying to do a Motion to Reopen and filing a I-102 to try and locate her I-94. She remembers arriving on a plane so I would assume odds are she was inspected. I do not know how long that would take. This poor women knows nothing of her country of origin. If you know of any other options, please let me know. I want to help this women!
With regard to the Haitian woman, I hope you are not only truing to do a Motion but that it is already filed. You only have 30 days from decision.
With regard to both of them, you can file I-102s. The more info you have the better. If you do not give the exact date they are likely to send a request for further evidence asking for it and when you do not provide it they will deny the I-102.
Here in NY I have heard of lawyers taking their clients to JFK and being able to speak to soemone and have them check the system bbut I have never done it myslef or know if it works anywhere else in the country.